The Bozeman weekly chronicle., 1887-05-04
Cleveland Takes n Hand.

EXECUTIVE MANSION, WASHINGTON
April q, 1sS7-Dear Sir: I have ex.
amined with much care'and interest the
questions involved in the conflicting
claims of Guilford J.. Miller and the
Northern Pacific Railroad company to
certain public lands in Washington Ter
ritory. The legal aspects of the case
have been examined and passed upon
by several officers of the government,
who do not agree in their conclusions.
Miller claims to be settler upon the
the land in question, whose possession
dates from 1873. He alleges that he has
made substantial improvements upon
this land and cultivated the same; and
it appears that he filed his claim to the
same under the homestead law on the
Goth day of December, 1884. The rail-
road company contends that this land
is within the territory or area from which
it was entitled to select such quantity of
public land as might be necessary to
supply any deficiency that should be
found to exist in the specified land
mentioned in the grant by the govern.
ment to the said company in aid of the
construction of the road, such deficiency
being contemplated as likely to arise
from prior right to private parties and
settlers within the territory embracing
the said granted lands; and that the
land in dispute was thus selected by the
company on the 10th day of December,
1888. A large tract, including this land,
was withdrawn by order of the interior
department from sale and pre-emption
and homestead entry in 1872, in antici-
patton of the construction of the said
railroad and deficiency in its granted
lands. In 1880, upon filing the map of
definite location of the road, the land in
controversy and much more, which had
been so withdrawn, was found to lie out
side of the limits which included the
granted land, but its withdrawal and
reservation from settlement and entry
under our land laws was continued upon
the theory that ii was within the limits
of indemnity lands, which might be
selected by the company, provided in the
law making the grant. The legal points
in this controversy turned upon the
validity and effect of the withdrawal and
reservation of this land and the con-
tinuance thereof The encouragement
is of the opinion that such withdrawal
and reservation were at all times effect
ual and that they operated to prevent
Miller from acquiring any interest in or
right to the land claimed by him. With
this Interpretation Of the law and the
former orders and action of the interior
department, it will be seen that the
effect has been to withdraw and reserve
since 1872 thousands, if not millions, of
acres of these lands from the operation
of the land laws of the United States,
thus placing them beyond the reach of
our citizens desiring, under such laws,
to settle and make homes upon the same,
and that this has been done for the benefit
of the railroad company, having no fixed,
certain or definite interests in such lands
In this manner the beneficial policy and
intention Of the government in relation
to the public domain have for all these
years to that extent, been thwarted.
There seems to be no evidence presented
showing how much ifany of this vast tract
is necessary for tie fiifilment ofthe grant
railroad companies; nor does there seem to
be any limitation of time within which
this fact should be made known. and the
corporation is Obliged to make its selec-
ton. After lapse of fifteen years this
large body of the public domain is still
held in reserve to the exclusion of settl-
ers for the convenience of a corporation,
the beneficiary of the government, and
waiting its selection, though it is certain
that much reserved land can never be
honestly claimed by said corporation.
Such a corporation of the public lands
should no longer continue. So far as it
is the result of executive rules and meth
oNo, eucnC SHouiu Dt duduuOutu, anu 30
far as it is the consequence of unprovi-
dent laws, these should be repealed or
amended. Our public domain is the
national wealth, the earnest of our
growth and the heritage of our people.
1t should promise limitless development
and riches; a relief to the crowding
population. and homes to thrift and in
dustry. The advantage should be zeal
ously guarded and an enlightened policy
on the part of the government should
secure them to the people. In the case
under consideration, assume that there
is an abundance of land within the, area
which has been reserved for indemnity
in which no citizen or settler has lega
or equitable interest, for all purposes Of
such .indemnification to this railroad
company, if its grant has not ALREADY
been satisfied. l understand, too, that
hn ,